Maintenance and Alimony
/ˈmeɪntənəns ænd ˈælɪmoʊni/
Family Law Term
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Definition
A periodic allowance paid by one spouse (or former spouse) to another for their upkeep and support during or after marriage. In India, maintenance rights are governed by: Section 125 CrPC / Section 144 BNSS (secular provision, applies to all), Hindu Marriage Act (Section 24 — interim; Section 25 — permanent), Muslim Women (Protection of Rights on Marriage) Act, and the Domestic Violence Act. Maintenance can be claimed by spouses, children, and parents.
Examples
Case Study
In Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court held that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC — beyond the iddat period — if she is unable to maintain herself. The judgment sparked political controversy leading to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was later interpreted by courts to ensure adequate maintenance.
Key Cases
Mohd. Ahmed Khan v. Shah Bano Begum
1985AIR 1985 SC 945
Landmark case on Muslim women's maintenance rights. Held that Section 125 CrPC applies to all women regardless of religion. Sparked political controversy and legislative response (Muslim Women Act 1986). Remains a milestone in gender justice jurisprudence.
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